Terms and Conditions of Use

By creating an account, accessing, or using BTOOrbit (hereinafter, the "Service"), you enter into a binding contract with BP BTO LLC and agree to be bound by these Terms and Conditions. If you accept these Terms on behalf of a company or another person, you declare that you have the necessary authorization to do so on their behalf.

If you do not agree with these Terms, you must refrain from creating an account or using the Service. Continued use of the Service after an update to these Terms constitutes acceptance of the current version.

To use the Service, you must register an account by providing true, complete, and updated information (name, company, email, and any other requested data). You are responsible for keeping this information updated.

Confidentiality of credentials: you must keep your access credentials secret and not share them with unauthorized third parties.

Incident notification: you must inform us immediately of any unauthorized use of your account or security breach of which you are aware.

Account responsibility: you are responsible for all activity that occurs under your account, including that of your team members to whom you grant access, and for payments and credit consumption generated within it.

BTOOrbit is a multi-tenant platform that allows businesses to manage WhatsApp Business messaging through Meta's WhatsApp Business Platform, configure and operate conversational agents driven by Artificial Intelligence to serve their customers, maintain a knowledge base for those agents, and schedule and publish content on social networks (Facebook and Instagram) using Meta's APIs, in addition to analytics tools, a credit wallet, and human handoff capabilities.

The Service is offered "as is" and "as available". BP BTO LLC may add, modify, or discontinue functionalities of the Service at any time, aiming to inform users in advance of changes that materially affect its operation.

The use of Artificial Intelligence agents is billed through a prepaid credit system (wallet). Credits are deducted based on the consumption of tokens and messages processed by the AI agent of your account.

Insufficient balance: if your wallet balance reaches zero, the Service may automatically suspend the AI agent's responses until a recharge is made, without this constituting a breach of Service attributable to BP BTO LLC.

Validity of credits: purchased credits do not expire as long as the account remains active, but are lost without the right to a refund upon termination of the contractual relationship, unless applicable regulations state otherwise.

Price adjustment: credit prices may be adjusted if the providers of the WhatsApp Business Platform (Meta) or the integrated Artificial Intelligence models modify their own rates. Continued use of the Service after a price adjustment implies its acceptance.

The functioning of the Service depends on the availability and correct operation of third-party platforms that are not under the control of BP BTO LLC, including, among others, Meta's WhatsApp Business Platform, Facebook, Instagram, and the providers of Artificial Intelligence models integrated into the platform.

BP BTO LLC does not guarantee that the Service will be available uninterruptedly, that every message sent will be successfully delivered, or that connected WhatsApp Business accounts will not be suspended by Meta for reasons external to BP BTO LLC (including the Client's non-compliance with Meta's own policies). Scheduled maintenance will be communicated with reasonable advance notice when possible; emergency maintenance may be carried out without prior notice.

Fees for the Service are paid in advance, using the enabled payment methods. Wallet recharges are non-refundable, except in cases of double billing or platform errors verified by BP BTO LLC.

When a verified refund is approved, the amount will be credited to the wallet balance unless agreed otherwise. BP BTO LLC reserves the right to suspend access to Artificial Intelligence features when the wallet balance is insufficient, without this affecting the Client's obligation to pay already accrued amounts.

Under this Service, the Client acts as the data controller of the personal data of their own end customers (name, telephone number, message content, etc.) collected through WhatsApp conversations and other channels connected to the platform, and BP BTO LLC acts as the data processor, processing this information solely to provide the Service and in accordance with the Client's instructions.

The data of each client (tenant) is logically isolated using Row-Level Security in the database, so that one client cannot access another's information. The Client is responsible for obtaining any consents required by applicable regulations so that their end customers' data can be processed through the Service. For more information on how we treat personal data in general, please consult our Privacy Policy.

The Client agrees not to use the Service to send unsolicited commercial messages, spam, or content that violates Meta's WhatsApp Business Platform Policy or commercial policies (available at whatsapp.com/legal).

Prior consent: the Client must obtain the corresponding consent (opt-in) from their end customers before sending them messages via WhatsApp, and must promptly address any opt-out request.

Message content: the Client is solely responsible for the content of the messages they send or configure their AI agent to send.

Consequences of non-compliance: repeated violations may result in the immediate suspension of the account, in addition to any measures Meta/WhatsApp may adopt directly on the involved WhatsApp Business account.

Part of the Service includes conversational responses generated automatically by Artificial Intelligence models, based on the configuration, instructions, and knowledge base defined by the Client. These responses may, on occasion, contain inaccurate, incomplete, or inappropriate information.

BP BTO LLC does not guarantee the accuracy of responses generated by Artificial Intelligence and recommends that the Client periodically review and adjust their agent's configuration, especially in sensitive use cases, and use human handoff tools when appropriate. The Client is responsible for the final use given to the responses generated by the AI agent configured in their account.

The Service is provided "as is" and "as available", without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, BP BTO LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, nor for loss of revenue, data, goodwill, or other intangible losses resulting from the use or inability to use the Service.

BP BTO LLC will not be liable for failures attributable to third-party platforms (Meta/WhatsApp, Artificial Intelligence providers, cloud infrastructure providers) nor for the content of messages sent by the Client or generated by their AI agent, the responsibility for which rests solely with the Client.

The software, source code, trademarks, logos, and design of the BTOOrbit platform are the property of BP BTO LLC or its licensors. The Client receives a limited, non-exclusive, and non-transferable license to use the platform for their own business purposes during the term of these Terms.

The Client retains ownership of their own content (knowledge base documents, instructions configured for the agent, uploaded multimedia files, and conversation data with their end customers). The Client must not reverse engineer, decompile, or attempt to extract the underlying source code of the platform.

These Terms come into effect from the moment the Client creates an account and remain in force as long as they use the Service. Either party may terminate the relationship at any time by written notice via email.

BP BTO LLC may suspend or terminate access immediately in case of breach of these Terms, non-payment, fraudulent or illegal use of the Service, or upon request by Meta/WhatsApp for policy violations. Upon termination of the relationship, the Client must cease using the Service, and any unused credit balance will be lost, unless applicable regulations require a refund or it is agreed otherwise.

Neither party will be liable for delays or failures resulting from causes beyond their reasonable control, including, but not limited to, failures in Meta/WhatsApp's infrastructure or Artificial Intelligence providers, internet disruptions, natural disasters, or government regulations.

The Client may not assign or transfer their rights or obligations under these Terms without the prior written consent of BP BTO LLC. BP BTO LLC may assign these Terms to an affiliated company. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms are governed by the laws of the Plurinational State of Bolivia. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the competent courts, without prejudice to any additional consumer protection rights that may apply under public order regulations.